Paris-Geneva, December 7, 2012. The Observatory for the Protection
of Human Rights Defenders, a joint programme of the International Federation
for Human Rights (FIDH) and the World Organisation Against Torture (OMCT),
expresses concerns about the restrictive environment for human rights defenders
in Bangladesh, after it completed a fact-finding
mission in the country on November 22, 2012.

“With the existing polarised political
context and increasing tensions ahead of the upcoming 2013 general elections,
human rights defenders are put at further risk of human rights violations”,
the mission stated upon its completion. The
Observatory mission, which was carried out from November 14 to 22, 2012,
investigated on the environment in which NGO workers, journalists,
environmentalists, lawyers and trade union leaders are carrying out their human
rights activities. “While laws have become a tool used by the State to hinder the
work of and suppress dissident voices through judicial harassment, a lack of
proper judicial safeguards and remedies has allowed for the culture of impunity
to continue”, it added.

In
Bangladesh, extrajudicial killings, enforced disappearances and torture in
custody occur regularly. From July 1, 2008 to September 30, 2012, a total of
506 extra-judicial killings were reported, and for the year 2011 alone, 30
enforced disappearance cases were documented by FIDH and OMCT
member-organisation Odhikar.
Both State and non-State actors are allegedly involved in such human rights
violations. One of the recent cases includes the killing of labour leader Aminul
Islam in April 2012.

Too often,
when such violations occur, there is no prompt and proper investigation. This
produces a climate of fear and culture of impunity. In such a context,
individuals and organisations documenting such abuses and crimes can be exposed
to reprisals.

Some
editors, reporters and journalists who denounce unlawful practices or disclose
sensitive information about corruption reported facing indirect or direct
threats to their safety. This sometimes has led to self-censorship. In this
context, Just News BD journalist Mutafizur Rahman Sumon was
imprisoned in July 2012 and ill-treated for campaigning against the impunity
for crimes against journalists - such as the murder of journalists Sagar
Sarowar and Meherun Runi on February 11, 2012. A reporter with RTV Channel,
Mr. Bayezid Ahmed, has also been facing threats by unknown individuals
after he unveiled a case of corruption within the Railway Ministry early
October 2012.

The mission
found that judicial harassment is another major concern, as a number of
lawyers, journalists, trade unionists or environmentalists reporting on human
rights violations have faced numerous spurious charges – often brought before a
biased judiciary. Such cases, which can last months or even years, are used as
another means to silence the denunciation of human rights violations.

The mission
delegates also witnessed a number of legal and practical obstacles to the
activities of human rights NGOs, whose projects are often delayed or
arbitrarily refused by the government’s NGO Affairs Bureau. Such obstacles
could potentially intensify against human rights organisations as an NGO Bill
on “foreign funding” is currently being drafted.

In addition,
the trade union environment is polarised along the two main political parties,
and the few independent unions that exist face obstacles to their work. In
particular, the legislative and political framework presents many obstacles to
the formation and functioning of trade unions.

The
Observatory will release a fact-finding mission report in 2013 that will
outline detailed conclusions and recommendations. The document will be directed
- in particular - to the Government of Bangladesh, the United Nations (UN) and
the European Union.

Accordingly,
the Observatory urges the Bangladeshi authorities to fully conform in all
circumstances with the provisions of the UN Declaration on Human Rights
Defenders and other human rights instruments ratified by Bangladesh, notably
by:

-putting an end to any kind of
threats and harassment - including at the judicial level - against human rights
defenders;

-carrying out prompt, impartial and
transparent investigations into abuses and violations committed against human
rights defenders, and sanctioning all those responsible according to the law;

-refraining from detaining any human
rights defenders arbitrarily as a means to silence their human rights
activities;

-ensuring the enjoyment of freedom of
association for all human rights NGOs in line with Articles 5 and 13 of the UN
Declaration on Human Rights Defenders.

The
Observatory also hopes that the newly-created National Human Rights Commission
will be able to play a more pro-active role in protecting human rights
activists in line with the Paris Principles.